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Understanding Your Rights Upon Arrest in Canada
Understanding Your Rights Upon Arrest in Canada
Know Your Rights. Protect Your Freedom.
Being arrested can be a frightening and overwhelming experience, especially if you’re unsure of what your rights are. Whether or not you believe you’ve done something wrong, knowing how to respond—and what protections the law provides—can make a critical difference in how your case unfolds.
At Akinyemi Law Office, we believe that informed clients are empowered clients. Here’s what you need to know if you’re arrested in Canada.
1. You Have the Right to Remain Silent
Under the Canadian Charter of Rights and Freedoms, you are not obligated to answer police questions beyond identifying yourself. You can—and often should—exercise your right to remain silent until you have legal counsel present.
🔹 Tip: Politely say, “I am choosing to remain silent until I speak to my lawyer.”
2. You Have the Right to Retain and Instruct Counsel Without Delay
Once you’re arrested, police must inform you of your right to speak with a lawyer. You also have the right to a reasonable opportunity to contact a lawyer of your choice or access duty counsel (a free legal advisor available 24/7 by phone).
🕒 The police cannot question you further until you’ve spoken with legal counsel—unless you waive this right.
3. You Must Be Informed of the Charges Against You
The police are required to clearly explain why you are being arrested or detained. This helps ensure that your arrest is lawful and gives you the information you need to prepare a defence.
4. You Have the Right to Reasonable Bail
If you’re held in custody, you typically have the right to a bail hearing within 24 hours—or as soon as possible. The court will decide whether you should be released while awaiting trial and under what conditions.
5. Unlawful Arrests Can Be Challenged
If the police violate your Charter rights—such as arresting you without reasonable grounds or failing to provide access to a lawyer—your legal team can challenge the arrest and possibly have evidence excluded from trial.
How Akinyemi Law Office Can Help
If you or someone you care about has been arrested, immediate legal advice is crucial. At Akinyemi Law Office, we provide:
- 24/7 emergency legal assistance for clients in custody
- Bail hearing representation to secure your release
- Strategic defence planning tailored to your case
- Assertive protection of your Charter rights every step of the way
Your freedom is too important to leave to chance. Let us help you navigate the justice system with clarity, confidence, and a strong defence.
📞 Contact MEA Law today for trusted criminal defence in Ontario.